Defense Federal Acquisition Regulation Supplement; Designation of a Contracting Officer's Representative (DFARS Case 2011-D037), 58136-58137 [2011-23950]

Download as PDF 58136 Federal Register / Vol. 76, No. 182 / Tuesday, September 20, 2011 / Rules and Regulations appear on all other copies. Express all dates in sequence of day, month, and year with the month spelled out or abbreviated (e.g., 10 Sept. 67). (bb) Block 28—Remarks. Use this space for reporting important facts such as: (1) Delays, their cause, and responsible party (vessel, shore facility, Government representative, or others). (2) Abnormal individual losses contributing to the total loss. Enter the cause of such losses as well as actual or estimated volumes involved. Such losses shall include, but not be restricted to, product remaining aboard (enter tanks in which contained), spillages, line breaks, etc. Note where gravity group change of receiving tank contents results in a fictitious loss or gain. Note irregularities observed on comparing vessel ullages obtained at loading point with those at the discharge point if they indicate an abnormal transportation loss or contamination. (cc) Block 29—Company or receiving terminal. Line out ‘‘COMPANY OR.’’ Secure the signature of a representative of the receiving terminal. (dd) Block 30—Certification by government representative. Line out ‘‘loaded.’’ The Government representative shall date and sign the form to certify inspection and acceptance, as applicable, by the Government. The name of the individual signing the certification as well as the names applied in Blocks 29 and 31 shall be typed or hand lettered on the master or all copies of the form. The signature in Block 30 must agree with the typed or lettered name to be acceptable to the paying office. (ee) Block 31—Certification by master or agent. Obtain the signature of the master of the vessel or the vessel’s agent. Part 8—Distribution of the DD Form 250–1 F–801 Distribution. Follow the procedures at PGI F–801 for distribution of DD Form 250–1. F–802 Corrected DD Form 250–1. Follow the procedures at PGI F–802 when corrections to DD Form 250–1 are needed. [FR Doc. 2011–23958 Filed 9–19–11; 8:45 am] BILLING CODE 5001–08–P DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Part 201 sroberts on DSK5SPTVN1PROD with RULES RIN 0750–AH35 Defense Federal Acquisition Regulation Supplement; Designation of a Contracting Officer’s Representative (DFARS Case 2011– D037) Defense Acquisition Regulations System; Department of Defense (DoD). ACTION: Final rule. AGENCY: VerDate Mar<15>2010 16:50 Sep 19, 2011 Jkt 223001 DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to clarify that a contracting officer’s representative must be an employee, military or civilian, of the U.S. Government, a foreign government, or a North Atlantic Treaty Organization (NATO)/coalition partner, and that contractor personnel shall not serve as contracting officer’s representatives. DATES: Effective date: September 20, 2011. FOR FURTHER INFORMATION CONTACT: Mr. Manuel Quinones, telephone 703–602– 8383. SUPPLEMENTARY INFORMATION: SUMMARY: I. Background This rule is based on a request from Headquarters NATO Training Mission— Afghanistan (NTM–A) to permit the designation of non-U.S. Government employees as contracting officer’s representatives (CORs) in support of the NTM–A’s efforts to train the Afghan National Security Force (ANSF). The NTM–A supports the growth of the ANSF through numerous activities including the contracting of civilian mentoring services. These contracts for mentoring services to the ANSF require the contractor to deploy teams throughout the joint area of operations and interact with non-U.S. coalition partners exclusively. To provide assurance that contractual requirements are being met, it is crucial that contract performance information be submitted to the contracting officer by those coalition units with insight of contractor activities. Contracting officers supporting contingency operations abroad require the flexibility to ensure the proper oversight of contract performance, such as at locations where there is no U.S. presence or the designation of a U.S. Government COR is not viable. This rule provides that flexibility by clarifying at DFARS 201.602–2 that a COR must be an employee, military or civilian, of the U.S. Government, a foreign government, or a NATO/coalition partner. CORs must meet all training and experience qualifications commensurate with the delegated responsibilities per DFARS 201.602–2(2)(ii). In addition, the rule makes clear that contractor personnel may not serve as CORs. Contractor personnel may, however, continue to perform technical oversight functions on behalf of the contracting officer, excluding those that are inherently governmental (see FAR 7.5). DoD has issued this rule as a final rule because this rule does not have a significant effect beyond the internal PO 00000 Frm 00048 Fmt 4700 Sfmt 4700 operating procedures of DoD and does not have a significant cost or administrative impact on contractors or offerors. Therefore, public comment is not required in accordance with 41 US.C. 1707. II. Executive Orders 12866 and 13563 Executive Orders 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This is not a significant regulatory action and, therefore, was not subject to review under Section 6(b) of Executive Order 12866, Regulatory Planning and Review, dated September 30, 1993. This rule is not a major rule under 5 U.S.C. 804. III. Regulatory Flexibility Act The Regulatory Flexibility Act does not apply to this rule. This final rule does not constitute a significant DFARS revision within the meaning of FAR 1.501, and public comment is not required in accordance with 41. U.S.C. 1707. IV. Paperwork Reduction Act The final rule does not contain any information collection requirements that require the approval of the Office of Management and Budget under Paperwork Reduction Act (44 U.S.C. chapter 35). List of Subjects in 48 CFR Part 201 Government Procurement. Mary Overstreet, Editor, Defense Acquisition Regulations System. Therefore, 48 CFR part 201 is amended as follows: PART 201—FEDERAL ACQUISITION REGULATIONS SYSTEM 1. The authority citation for 48 CFR part 201 continues to read as follows: ■ Authority: 41 U.S.C. 1303 and 48 CFR chapter 1. 2. Section 201.602–2 is amended to revise paragraph (2)(i) to read as follows: ■ 201.602–2 * Responsibilities. * * (2) * * * E:\FR\FM\20SER1.SGM 20SER1 * * Federal Register / Vol. 76, No. 182 / Tuesday, September 20, 2011 / Rules and Regulations (i) Must be an employee, military or civilian, of the U.S. Government, a foreign government, or a North Atlantic Treaty Organization/coalition partner. In no case shall contractor personnel serve as CORs; * * * * * [FR Doc. 2011–23950 Filed 9–19–11; 8:45 am] BILLING CODE 5001–08–P DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Parts 201, 209, 212, 215, 219, 232, 237, 243, 252, and Appendix I to Chapter 2 RIN 0750–AG38 Defense Federal Acquisition Regulation Supplement; Positive Law Codification of Title 41 U.S.C. (DFARS Case 2011–D036) Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Final rule. AGENCY: DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to conform references throughout the DFARS to the new Codification of Title 41, United States Code, ‘‘Public Contracts.’’ DATES: Effective date: September 20, 2011. SUMMARY: Ms. Amy Williams, 703–602–0328. I. Background sroberts on DSK5SPTVN1PROD with RULES On January 4, 2011, Public Law 111– 350 enacted a new codified version of Title 41, United States Code (U.S.C.), entitled ‘‘Public Contracts.’’ The purpose of this final rule is to update all references to Title 41 in the DFARS to conform to the recodification. DoD has issued a final rule because this rule does not have a significant effect beyond the internal operating procedures of DoD and does not have a significant cost or administrative impact on contractors or offerors. Therefore public comment is not required in accordance with 41 U.S.C. 1303. II. Executive Orders 12866 and 13563 Executive Orders 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits Jkt 223001 IV. Paperwork Reduction Act The rule does not contain any information collection requirements that require the approval of the Office of Management and Budget under the Paperwork Reduction Act (44 U.S.C. chapter 35). Mary Overstreet, Editor, Defense Acquisition Regulations System. SUPPLEMENTARY INFORMATION: 16:50 Sep 19, 2011 III. Regulatory Flexibility Act The Regulatory Flexibility Act does not apply to this rule. This final rule does not constitute a significant DFARS revision within the meaning of FAR 1.501 and public comment is not required in accordance with 41 U.S.C. 1707. List of Subjects in 48 CFR Parts 201, 209, 212, 215, 219, 232, 237, 243, 252, and Appendix I to Chapter 2 Government procurement. FOR FURTHER INFORMATION CONTACT: VerDate Mar<15>2010 (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This is not a significant regulatory action and, therefore, was not subject to review under Section 6(b) of Executive Order 12866, Regulatory Planning and Review, dated September 30, 1993. This rule is not a major rule under 5 U.S.C. 804. 58137 PART 209—CONTRACTOR QUALIFICATIONS 209.406–2 [Amended] 4. Amend section 209.406–2(2) by— (a) Removing ‘‘Section’’ and adding in its place ‘‘section’’; ■ (b) Removing ‘‘(Pub. L. 110–181)’’; and ■ (c) Removing ‘‘423(e)(3)(A)(iii)’’ and adding in its place ‘‘2105(c)(1)(C)’’. ■ ■ PART 212—ACQUISITION OF COMMERCIAL ITEMS 212.207 [Amended] 5. Amend section 212.207— (a) In paragraph (b)(i) by removing ‘‘403(12)(E)’’ and adding in its place ‘‘103’’; and ■ (b) In paragraph (b)(iii)(A) by removing ‘‘403(12)(F)’’ and adding in its place ‘‘103’’. ■ ■ PART 215—CONTRACTING BY NEGOTIATION 6. Revise the heading of section 215.403–1 to read as follows: ■ 215.403–1 Prohibition on obtaining cost or pricing data (10 U.S.C. 2306a and 41 U.S.C. chapter 35). * * * * * PART 219—SMALL BUSINESS PROGRAMS 219.703 [Amended] 7. Amend section 219.703(a) introductory text by— ■ (a) Removing ‘‘46–48’’ and adding in its place ‘‘8502–8504’’; and ■ (b) Removing ‘‘Section’’ and adding in its place ‘‘section’’. Therefore, 48 CFR parts 201, 209, 212, 215, 219, 232, 237, 243, 252 and appendix I to chapter II are amended as follows: ■ 1. The authority citation for 48 CFR parts 201, 209, 212, 215, 219, 232, 237, 243, 252, and appendix I to chapter II continues to read as follows: ■ Authority: 41 U.S.C. 1303 and 48 CFR chapter 1. 232.803 PART 201—FEDERAL ACQUISITION REGULATIONS SYSTEM 201.107 [Amended] 3. Amend section 201.304(2) by— (a) Removing ‘‘Section’’ and adding in its place ‘‘section’’; and ■ (b) Removing ‘‘425’’ and adding in its place ‘‘1304’’. ■ ■ PO 00000 [Amended] 8. Amend section 232.803(d) by removing ‘‘Section 3737(e) of the Revised Statutes (41 U.S.C. 15)’’ and adding in its place ‘‘41 U.S.C. 6305’’. ■ [Amended] 2. Amend section 201.107 by— (a) Removing ‘‘Section’’ from the introductory text and adding in its place ‘‘section’’; and ■ (b) Removing ‘‘425’’ from the introductory text and adding in its place ‘‘1304’’. ■ ■ 201.304 PART 232—CONTRACT FINANCING Frm 00049 Fmt 4700 Sfmt 4700 PART 237—SERVICE CONTRACTING 237.102–71 [Amended] 9. Amend section 237.102–71(a)(2) by removing ‘‘357(b)’’ and adding in its place ‘‘6701’’. ■ PART 243—CONTRACT MODIFICATIONS 243.204–71 [Amended] 10. Amend section 242.204–71(c) by removing ‘‘605(c)’’ and adding in its place ‘‘7103’’. ■ E:\FR\FM\20SER1.SGM 20SER1

Agencies

[Federal Register Volume 76, Number 182 (Tuesday, September 20, 2011)]
[Unknown Section]
[Pages 58136-58137]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-23950]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Part 201

RIN 0750-AH35


Defense Federal Acquisition Regulation Supplement; Designation of 
a Contracting Officer's Representative (DFARS Case 2011-D037)

AGENCY: Defense Acquisition Regulations System; Department of Defense 
(DoD).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: DoD is issuing a final rule amending the Defense Federal 
Acquisition Regulation Supplement (DFARS) to clarify that a contracting 
officer's representative must be an employee, military or civilian, of 
the U.S. Government, a foreign government, or a North Atlantic Treaty 
Organization (NATO)/coalition partner, and that contractor personnel 
shall not serve as contracting officer's representatives.

DATES: Effective date: September 20, 2011.

FOR FURTHER INFORMATION CONTACT: Mr. Manuel Quinones, telephone 703-
602-8383.

SUPPLEMENTARY INFORMATION:

I. Background

    This rule is based on a request from Headquarters NATO Training 
Mission--Afghanistan (NTM-A) to permit the designation of non-U.S. 
Government employees as contracting officer's representatives (CORs) in 
support of the NTM-A's efforts to train the Afghan National Security 
Force (ANSF). The NTM-A supports the growth of the ANSF through 
numerous activities including the contracting of civilian mentoring 
services. These contracts for mentoring services to the ANSF require 
the contractor to deploy teams throughout the joint area of operations 
and interact with non-U.S. coalition partners exclusively. To provide 
assurance that contractual requirements are being met, it is crucial 
that contract performance information be submitted to the contracting 
officer by those coalition units with insight of contractor activities.
    Contracting officers supporting contingency operations abroad 
require the flexibility to ensure the proper oversight of contract 
performance, such as at locations where there is no U.S. presence or 
the designation of a U.S. Government COR is not viable. This rule 
provides that flexibility by clarifying at DFARS 201.602-2 that a COR 
must be an employee, military or civilian, of the U.S. Government, a 
foreign government, or a NATO/coalition partner. CORs must meet all 
training and experience qualifications commensurate with the delegated 
responsibilities per DFARS 201.602-2(2)(ii). In addition, the rule 
makes clear that contractor personnel may not serve as CORs. Contractor 
personnel may, however, continue to perform technical oversight 
functions on behalf of the contracting officer, excluding those that 
are inherently governmental (see FAR 7.5).
    DoD has issued this rule as a final rule because this rule does not 
have a significant effect beyond the internal operating procedures of 
DoD and does not have a significant cost or administrative impact on 
contractors or offerors. Therefore, public comment is not required in 
accordance with 41 US.C. 1707.

II. Executive Orders 12866 and 13563

    Executive Orders 12866 and 13563 direct agencies to assess all 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This is not a significant regulatory action and, 
therefore, was not subject to review under Section 6(b) of Executive 
Order 12866, Regulatory Planning and Review, dated September 30, 1993. 
This rule is not a major rule under 5 U.S.C. 804.

III. Regulatory Flexibility Act

    The Regulatory Flexibility Act does not apply to this rule. This 
final rule does not constitute a significant DFARS revision within the 
meaning of FAR 1.501, and public comment is not required in accordance 
with 41. U.S.C. 1707.

IV. Paperwork Reduction Act

    The final rule does not contain any information collection 
requirements that require the approval of the Office of Management and 
Budget under Paperwork Reduction Act (44 U.S.C. chapter 35).

List of Subjects in 48 CFR Part 201

    Government Procurement.

Mary Overstreet,
Editor, Defense Acquisition Regulations System.

    Therefore, 48 CFR part 201 is amended as follows:

PART 201--FEDERAL ACQUISITION REGULATIONS SYSTEM

0
1. The authority citation for 48 CFR part 201 continues to read as 
follows:

    Authority:  41 U.S.C. 1303 and 48 CFR chapter 1.


0
2. Section 201.602-2 is amended to revise paragraph (2)(i) to read as 
follows:


201.602-2  Responsibilities.

* * * * *
    (2) * * *

[[Page 58137]]

    (i) Must be an employee, military or civilian, of the U.S. 
Government, a foreign government, or a North Atlantic Treaty 
Organization/coalition partner. In no case shall contractor personnel 
serve as CORs;
* * * * *
[FR Doc. 2011-23950 Filed 9-19-11; 8:45 am]
BILLING CODE 5001-08-P